Trusts and Estates – Undue Influence

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WI Court of Appeals – District IV

Case Name: Wesley Horstman, et al. v. Audra B. Dawson

Case No.: 2018AP924

Officials: Fitzpatrick, P.J., Blanchard and Kloppenburg, JJ.

Focus: Trusts and Estates – Undue Influence

On November 3, 2016, Carol Horstman executed a will leaving all of her property to her son, Wesley Horstman, and his wife, Marinda Horstman. After Carol died, her daughter, Audra Dawson, challenged the will on the ground that Wesley and Marinda had exercised undue influence over Carol when she executed the will. Following a court trial, the circuit court concluded that Wesley and Marinda procured the will by undue influence. Wesley and Marinda appeal, arguing that: (1) the court’s findings as to certain of the elements that must be proven to establish undue influence are clearly erroneous;  and (2) the court erroneously relied on extrinsic evidence (that is, outside the trial testimony and trial exhibits) in determining that the will was the product of undue influence. We conclude that Wesley and Marinda fail to show either that the court’s findings as to the undue influence elements are clearly erroneous or that the court relied on extrinsic evidence. Accordingly, we affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.